Car Rental Owner Threatened to Sue Us

kevinata on 07/04/2015 - 10:32
Last edited 09/04/2015 - 11:01

It is a long story but here goes~

My friends and I planned to have a road trip during the Easter break to Melbourne and being ozbargainers we are, we decided to search for the cheapest car rental in gumtree in which we found http://ezyrentals.com.au/ . We contacted the owner and he agreed to rent us VW Golf on Thursday. But when my friend came to the office at the day, the owner couldn't provide us with a car.

Furthermore in the gumtree ad, the owner didn't mention that we have to be 25+ to be able to rent from him. He did mention that in his own website. So my friend asked if it is okay to bring his 25 years old friend in order to be able to sign the rental agreement. He said it is okay and told him to come back with that friend.

Then at the last minute he said that he could rent us a ute instead. Seeing that all hope was lost at that point and we already wasted our time. We didn't have any choice, we had to reluctantly agree with him. However on our way there, when we tried to call him to confirm, he didnt pick up the phone and had closed the business without notice.
So my friend sent him an email expressing his disappointment and asked only to return his deposit of $25.

Today my friend had received a phone call and he threatened to sue us and bring us to court, which was really uncalled for. He was screaming at him in a very rude and unprofessional matter.

My question is, for you guys who dealt with this before. What choice do we have?

edit:
Here is the email that my friend wrote to them:
hey, here is the email that my friend said.

Hi (receptionist),

I am very upset and extremely disappointed that we are relying on the car for Easter holiday and would not be able to get it. In the last minute, we are offered to trade the car that was promised to a ute. The person has promised to stay there for us until we come and pick it up however he left no message whatsoever to me and left the office as I did rang the office several times and no one pick it up. It is an extreme horrible experience for us being your first time customer and a really bad management to handle the situation as you promised us the car will be ready on the days since we have paid the booking. You also have left the office early and did not return back my call, which I am surprised that no one is taking any responsibility on this matter!

Can you immediately refund back the $25 deposit to my bank account

Account Name : (my friend)
BSB : number
Account Number : number

I will never book any of your car in the future and will let all my friends and families know how horrible your services are!

Thanks
(my friend)

and yes we wrote 2 bad reviews for their company in their gumtree page.

CASE CLOSED
Owner has returned us the $25.still we lost $100ish from airbnb booking

Travel

Related Stores

ezyrentals.com.au
ezyrentals.com.au

Comments

  • kevinata on 07/04/2015 - 10:37

    my friend decided not to pursue the matter any further because it is just a mere $25. court could cost us a fortune. WWOD? What would ozbargainers do?

    • [Deactivated] on 07/04/2015 - 17:59
      +26

      I would write a letter of demand, write on social media/review sites etc and keep calling them, making a nuisance of myself until they return the petty $25 or 25c or whatever amount of rightfully owed to me.

    • tikei on 08/04/2015 - 16:51
      +5

      You really think he'll take you to court? For what? He's bluffing. He didn't provide the service you sought, I'm not sure why he's the one to take you to court.

      If it were me. I'd chase up on the $25. Don't let him bully you out of getting back what should be yours.

  • Paul Atreides on 07/04/2015 - 10:43
    +11

    i feel like you're not telling the whole story here. I mean going from asking if you can have your deposit back, to threatening legal action is a pretty big step.

    • kevinata on 07/04/2015 - 11:07
      +1

      hey, here is the email that my friend said.

      Hi (receptionist),

      I am very upset and extremely disappointed that we are relying on the car for Easter holiday and would not be able to get it. In the last minute, we are offered to trade the car that was promised to a ute. The person has promised to stay there for us until we come and pick it up however he left no message whatsoever to me and left the office as I did rang the office several times and no one pick it up. It is an extreme horrible experience for us being your first time customer and a really bad management to handle the situation as you promised us the car will be ready on the days since we have paid the booking. You also have left the office early and did not return back my call, which I am surprised that no one is taking any responsibility on this matter!

      Can you immediately refund back the $25 deposit to my bank account

      Account Name : (my friend)
      BSB : number
      Account Number : number

      I will never book any of your car in the future and will let all my friends and families know how horrible your services are!

      Thanks
      (my friend)

      seem like a normal complaint and expression of disappointment right?

      • toniyellow on 07/04/2015 - 11:33
        +15

        Personally I would have stayed polite whilst there was a chance I would get my money back and only gone nuclear if he refused the refund. Next time try a politer email, stick to how terribly sad you are your weekend was wasted, they would feel more like refunding that, possibly offered you a discount on a future service to make up for it.

        • kevinata on 07/04/2015 - 11:37
          +1

          Knowing that my friend already wasted his precious time waiting for the car, I doubt he would go easy on the email. whatever happened, happened. This is a precious lesson for us and next time we will use a more reputable company.

        • [Deactivated] on 07/04/2015 - 18:02
          +5

          I think it's reasonably polite, nothing wrong with sticking to the facts to convey your disappointment. They let them down, they have a right to complain. refunding a deposit is the very least they could do given they did not even honour the deposit in the first place

        • Ughhh on 07/04/2015 - 20:10
          +22

          @The Land of Smeg:

          Writing this

          I will never book any of your car in the future and will let all my friends and families know how horrible your services are!

          gives them a reason/excuse to make you work harder to get your $25 back.

          Its like returning a problematic item back a store, if you cry out scam/fraud/ACCC etc in the first 30 seconds without giving them a chance to look at the problem first, staff will most likely want to 'punish' you for being an asshole. ALWAYS leave these kind of threats to the last resort.

        • francis.tks on 09/04/2015 - 00:21

          @kevinata: I am surprise they can run a business in Australia

      • [Deactivated] on 09/04/2015 - 19:44
        +1

        I will never book any of your car in the future and will let all my friends and families know how horrible your services are!

        Once this was read the person reading it had basically 0% motivation to help your friend remedy the issue.

        "I am going to trash your business to everyone I know regardless of the outcome of this issue" is not something that would motivate me to be particularly helpful.

        Sometimes it is better to have someone else write a complaint letter rather than the person who feels they have been wronged. Your friend may have been in the right to feel the way that they did but feeling a certain way and putting it in writing are two different things.

  • AlexD on 07/04/2015 - 10:44

    This sounds particularly dodgy. He didn't provide the service to which you had agreed, and threatening legal action over $25 is pretty insane.

    Is there any more to this story? What was the basis behind his threat?

    • kevinata on 07/04/2015 - 11:17

      hi alexd, yes my friend wrote that email and I think he was just furious that we complained about his service.

  • toniyellow on 07/04/2015 - 10:52
    +1

    He doesn't sound reasonable, so I think walking away as it is only $25 is the smart choice.

    What did he threaten to sue you for? Did you write a bad review of his business on the internet or threaten to?

    It sounds like he wasted your time, so if he calls again, I would yell back at him for that

    How did you pay the $25, cash or credit card?

    • Davo1111 on 07/04/2015 - 10:58
      +2

      Did you write a bad review of his business on the internet or threaten to?

      Do you get the feeling we're not getting the whole story?

    • kevinata on 07/04/2015 - 11:07

      yeah, we wrote bad reviews on gumtree.
      but it is only normal right if you're in my shoes.

      • Davo1111 on 07/04/2015 - 11:20

        ahhh so the truth comes out.

        If you want people to help you, perhaps give people the facts first.

      • AlexD on 07/04/2015 - 11:26

        Do you have a link to the reviews, and were they mentioned in the phone call?

        Is the guy threatening to sue for defamation?

        • kevinata on 07/04/2015 - 11:31

          He didn't even mention the bad reviews on gumtree, I think he wasnt aware of them. He just said that he thought we were playing around with the booking, said we weren't serious. When in fact we already booked our accommodation in airbnb with the 20% discount voucher.

          Link to the review -> http://www.gumtree.com.au/s-ad/botany/automotive/sydney-car-…

        • t_c on 08/04/2015 - 07:01

          He would have gotten a email from gumtree as soon as you posted the review.

    • Logical on 07/04/2015 - 21:43
      +1

      toniyellow

      wrong, do not walk away from $25.
      wrong, do not yell back at him.

  • Axelstrife on 07/04/2015 - 11:20

    Either something happened that you are not saying or he is a little bloody thief.

    he can't sue anyone without a reason and in this case he agreed to something and didn't come through and just wants to keep some easy cash.

    • Davo1111 on 07/04/2015 - 11:23
      +3

      $25 "easy cash". Sounds like hes raking it in.

      • Axelstrife on 07/04/2015 - 11:24
        -5

        Move along troll.

        • Davo1111 on 07/04/2015 - 11:28
          +2

          I'm not trolling. You seriously think hes trying to keep some "easy cash"? According to OPs story there was a back and forth of multiple phone calls planning this car, plus according to his review, he was waiting in the premises for hours.

        • Axelstrife on 07/04/2015 - 11:40

          @Davo1111:IF! there is not more to the story then thats the only explanation.

          look what has happened the threat of a law suit and the OP and his friend backs off and lets the guy keep the $25.
          Don't ask me he they would do such a thing i have no idea.

          Im not sure what the OP waiting hours has anything to do with the rental guy going back on his word and threatening law suit.

        • Logical on 07/04/2015 - 21:48
          +1

          @Davo1111: yes, it is a known scam for some businesses to keep the deposit and not go through with transaction. irrespective if only $25. The ute may not have been ready or available for rental anyway, however cash in hand was!

  • rompastompa on 07/04/2015 - 11:48

    It's not just you! http://ezyrentals.com.au looks down from here.

    Well, looks like they've done a runner ;) Your $25 may be the least of their problems - probably messed up the weekend of the wrong people :)

    Unless you guys chose 'bikies' as a poll option.

    • kevinata on 07/04/2015 - 11:52

      have you got experience with them?

      • rompastompa on 07/04/2015 - 11:53

        Nope, just looked up their site - and it's down.

        Whois response for ezyrentals.com.au:

        Domain Name ezyrentals.com.au
        Last Modified 20-May-2014 00:18:01 UTC
        Status clientUpdateProhibited
        Registrar Name Tucows
        Registrant Phoenicia trading pty ltd
        Registrant ID ABN 21159727027
        Eligibility Type Company
        Eligibility Name easy rentals
        Eligibility ID ACN 159727027
        Registrant Contact ID TUC3MDJQZYR1IVFV
        Registrant Contact Name joseph esber
        Registrant Contact Email [email protected]
        Tech Contact ID TUBHIBG1TS0ZTACF
        Tech Contact Name joseph esber
        Tech Contact Email [email protected]
        Name Server cloud-1.bmd-server-1.com
        Name Server vps1.bmd-server-1.com
        DNSSEC unsigned

    • happychild100 on 07/04/2015 - 13:12

      Still working for me

  • [Deactivated] on 07/04/2015 - 15:38
    +1

    I'm not usually one to "judge" based on viewing, but just looking at that business on gumtree sets of alarm bells.

  • colinjames on 07/04/2015 - 15:47
    +2

    http://abr.business.gov.au/SearchByAbn.aspx?SearchText=21159…
    Has some interesting places of business

  • ChickenTalon on 07/04/2015 - 16:05
    +4

    When dealing with someone, never carry out your threat in advance of receiving your demands. If I was the owner you'd have pissed me off and I'd make you take me to small claims to get the $25 back.

    Your story seems weird. I can't believe the owner would rent the car out to someone who is "bring his 25 years old friend in order to be able to sign the rental agreement". It would be a huge liability for him to carry as I doubt his insurance would cover an under 25 driving the car. Most rental companies charge a big premium for anyone under 25 to drive the car, the insurance for them costs a lot.

  • glam77 on 07/04/2015 - 16:34
    +1

    Why say what you did to them 'before' you got your money back? Silly.
    Be nice, get your money back. Then tell them what you think.
    Maybe suing you for defamation?

    • hayne on 08/04/2015 - 19:25

      If every business sued someone who left a negative review for defamation, lawyers would make even more money than they currently do.

      Can't see that he has grounds for taking anyone to court.

  • wkd on 07/04/2015 - 16:45
    +1

    wow, that website looks dodgy as

  • nevbuster on 07/04/2015 - 19:38
    +1

    There's cheap car rentals and then there's Uber cheap. Gumtree for a car rental, are you serious ??? Surprised you didn't jyst hitchhike to Melbourne !!

  • kevinata on 07/04/2015 - 21:23
    +1

    Thank you for the comments guys. Obviously we're just students and we never had problem in such situation. If things like this were to happen again in the future, we will make sure to deal with the issue calmly and not get carried away.

    • Charity on 08/04/2015 - 01:44
      -8

      Students of what exactly? Poor judgement?

      Seriously, can't work out who has the worst judgement… ??

      You - for choosing such a obviously crooked place.
      The crooked car rental guy - for lending a car to underage idiots, knowing the person in his book is not the driver.
      or, Your friend - for putting his name down + writing the world's worst business letter. lol

      Most of all though, you clearly don't understand the concept of bargain. Paying a small $ amount for trash is not a bargain.

  • Roary on 08/04/2015 - 01:33
    +1

    I would tell them you remove the posts if they refund your $25. As soon as you get your refund cease communication (and forget to remove the posts).

    Yes its a small lie but you are only getting your money back if what you described really happened like that.

  • hopk88 on 08/04/2015 - 08:31
    +1

    Forgive me if i've missed something but what is the owner actually threatening to sue you for?

    Asking for your $25 back?

    • supaderp on 08/04/2015 - 09:11

      No black and white. Could be just said at the heat of the moment. I'd say don't worry
      until you get a formal written letter.

  • JimmyF on 08/04/2015 - 10:47
    -6

    Well a email like that, no wonder….. You bag them out, them ask for money back and them bag them out again saying you will never hire from them again and spread bad word about them to anyone that will listen.

    Why would/should they bother to refund your $25 normally non refundable deposit?

    Suck it up and move on.

    • OzzyOzbourne on 08/04/2015 - 15:53
      +3

      typical attitude of someone until it happens to them.

      The op booked a car for a trip, the company messed them around, so the op bagged the company.

      The $25 is a separate contractual issue, not related to whether or not the op bagged the company for providing a very poor service.

      The company failed to meet their contractual agreement and therefore must return the deposit.

      The issue here is that after the company ruined a customers road trip, by not supplying goods that they agreed to supply, they are now illegally keeping the customers deposit, because the customer wrote how crap their service is.

      "Sucking it up" as you say and sticking your head back in the sand, is precisely the reason why nothing improves in this country, corruption and rorts continue and we stay stuck in the dark ages with service like this.

      Yes, the op did go about it in a manner that reduced the likelihood of getting the $25 back easily. Always vent after you've got back as much as you are going to.

  • PetPenguin on 08/04/2015 - 11:37
    +2

    I am surprised to see that not more people are supporting you.
    I don't think your email is especially rude, and I don't think there are rules about how to go when complaining and when to threat to talk about the sort of experience you had. They did a bad job, and didn't remotely deliver what you paid for, now it's time for them to give your money back.
    Saying that they will take you to court only proves that they are in the wrong and that they have nothing against you. It's like an angry noob threatening to hack you.
    Get your money back man, don't let them bully you.

    Good luck!

    • hayne on 08/04/2015 - 19:27

      There are no rules about when to threaten, but there's common sense. You're better off saving those threats until he's actually responded as to whether he'll give the money back or not.

  • 01011010 on 08/04/2015 - 13:47

    oh hang on, didn't you see the logo at the bottom of their website, they are an 'oz verified business' - they must be legit.

    i'm surprise the OP didn't comment on their facebook page.

  • T1OOO on 08/04/2015 - 18:01
    +2

    gumtreee,.. as soon as i read that, end of story. gumtree is for buying small items from locals, meet up in person in public, exchange the money if the product is there,.. nothing else………

  • Name on 08/04/2015 - 18:48
    +2

    I think there was miscommunication at play. I reckon he is threatening to sue you for defamation because of the negative reviews you provided in a public forum.

    So he didn't wait around for you to get back? How long were you gone for? I've been screwed around before and as a result I wouldn't be waiting around any longer than I have to (ie close of business on the long weekend, perhaps they close earlier). I wouldn't be going out of my way on the hopes some kids will come back and rent a ute that my insurance wouldn't cover them for anyway.

    If I also received the angry email your friend wrote I'd also be a pain in the ass to give you the $25 back.

    You guys learnt a cheap lesson in life. It pays to be nice until you get what you're after. Yelling, threatening and demanding things only gets you a pain in the ass.

  • [Deactivated] on 08/04/2015 - 19:06
    -1

    My 2 cents worth, regardless of dodgy company or bad decision aside, your students right so your Uni will have a free student legal advice centre…. and trust me they love nothing more than this type of case. So then have some fun with your 25 bucks go sue them back for the deposit and loss of accommodation time etc…… see what happens. Lets face it what are they going to sue you for your undies!

    Update does this look like a professional car rental place look at the signage, check street view out https://www.google.com/maps/@-33.953351,151.201971,3a,15y,28…

  • Dominic on 08/04/2015 - 20:42
    +2

    Your mistake was that you asked for your money back THEN said you were going to let everyone know about your horrible experience. They had no reason to play ball after that.

  • garetz on 09/04/2015 - 07:07

    Consider this an important lesson, and the fact that it only cost you $25 is chump change for the valuable lesson learnt.

  • ghostdom on 09/04/2015 - 08:18
    +1

    Never forget we are ozbargainers. keep the spirit. $25 is a lot.

  • John on 09/04/2015 - 08:52

    As the saying goes, "you pay peanuts, you get monkeys". Anything advertised in gumtree must be taken with a lot of caution…

  • mightyfes on 09/04/2015 - 10:05

    Don't let them get away with it. I'd be making a call to fair trade if not to complain then just to educate myself of my rights, writing on their facebook, leaving reviews on truelocal and other websites. It isn't about the money but the principal; doing nothing about it in a sense would mean that you let him win. If anything you'd be helping other people avoid that business.

    Also find out if it is a franchise or not, because if it is then you can complain to the head-office.

    Edit: Your email is fine, I don't find anything wrong with it. A business owner cannot be a baby about an email that was critical of their business, they should still do the right thing.

  • abh_gup on 09/04/2015 - 10:38

    Why go through so much pain, just to save a few cents? Should have selected a better rental company. Gumtree for a car rental… you must be nuts!

  • victorheaven on 09/04/2015 - 15:31

    Terrible business practice I would say.

    It is also a terrible idea to rent a car from Gumtree!

  • Associatedjoseph1971 @ ezyrentals.com.au on 30/10/2015 - 08:10
    -2

    Sorry Guys for a very late reply however it's said better late then never. First I would like to say I agree with what kevinata said, but the whole event took a different way. First he came to the office with his license under 25 it state clearly in terms and conditions that he couldn't get a car from our company however I told him I'm going to try my insurance if they cover him if he pay a little extra that's why I asked him to wait. He then offer to put his friend's name on the contract it's like covering up for him when I knew he is going to drive, then he made threats to my stuff and started to post lies on gumtree and other website. I take pride in looking after my stuff and I will take matters personally when someone try to treat them badly, I did say and meant it that the matter will end up in court if he doesn't apologize and take the posts down which he did but start posting under allies name because he is too scared to say the truth. By law I can claim 10% of the booking because he stuffed up and not me, my losses were a lot greater the $25.00 however I did try to help him but he was rude and panicky that made me conclude he is uo to no good. Anyway the business is sold and I can say 99% of my client were satisfied, you can never please 100%

    • altomic on 30/10/2015 - 14:38
      +1

      nvm

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